Mental Capacity
Against
People with dementia may be unable to say clearly that they do not want to be tracked or may be less able to resist caregivers who are anxious to reduce (for whatever reason) the risks associated with getting lost.
For
In our experience, the issue of getting lost is one which most patients can understand. Most of the patients we have piloted the devices on have been able to weigh up the pros and cons. For example, one said that it was ‘like a cow bell’, but still thought he would like the increased security.
Our device is not fixed and so if a patient does not want to use it, they can remove it. So, in that circumstance, the use of a device would not only be inappropriate but also, would not work.
Where the patient is unable to make a realistic assessment of risk, the issue becomes ‘who should decide that the patient’s best interests are served by using the system?’. In our view, the family is best placed to do this. Where the patient has no family or informal caregiver, and is entirely looked after by public services, then the newly established Independent Mental Capacity Advocates service will be well placed to act for the patient.